Criminal Procedure I-OV

Criminal Procedure I-OV - Prof McCloskey Criminal Procedure...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Prof. McCloskey Oren Varnai Criminal Procedure I NOTE: This is not in outline form because you will need all of the information in these notes. Everything you need is here. The best advice I can give is for you to memorize the T/F questions of prior exams. The search tool in Microsoft Word will help you get all of the answers to those questions. Get those exams early. Good Luck! Facts + Law = Verdict [we know the facts and the verdict that we want to achieve. We never know all of the facts. In order to make the equation work we need to figure out the facts. Once we have the facts we get the verdict that we want.] P RINCIPLES OF C RIMINAL P ROCEDURE U NITED S TATES C ONSTITUTION Fourth Amendment (handout) Speaks about 2 different things o Unreasonable search and seizures Reasonableness is the key here. But how does reasonableness relate to probable cause? o Warrants shall not be issued without probable cause. What is probable cause Simplification of the clause o The single most important issue in the 4 th amendment is reasonableness . When you can show that the police officer acted unreasonably then the matter will probably be suppressed. o What is reasonable? If you have probable cause and you have an arrest warrant then you are reasonable . R = P.C. + A.W. o Exceptions to the warrant requirement From caselaw we know that you do not need a search warrant to arrest someone in a public place if the police have probable cause. It is also reasonable to search the individual in the public place without a warrant. (If the search is incident to the arrest). People v. Watson. If the arrest was valid and the automobile doctrine applies. There is a lower standard than probable cause. A reasonable suspicion allows the police to stop (less than an arrest) and frisk (less than a full search). Under these circumstances the police would be reasonable. If there is consent then there is no violation of the reasonableness issue. N EW Y ORK C ONSTITUTION
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Prof. McCloskey Oren Varnai Criminal Procedure I Article 1 Section 12 is identical to the 4 th amendment of the US constitution. There are some more issues dealt with (wire taps) but we won’t deal with that. The state is born with its power, but the federal government gets its powers from the constitution. o The US constitution sets the minimum level of protection and rights to a defendant. o A state can always restrict its police force to a greater extent than that present in the federal constitution. o NYS has chosen to disagree with the US SC in many areas. P ERSONS P ROTECTED The 4 th amendment protects everybody present in the US. This includes illegal aliens. P ROBABLE C AUSE Probable cause is information sufficient to warrant a person of reasonable caution, in the belief that the defendant has committed a crime, or that the fruits, evidence, or instrumentalities of crime can be found in a given location. This is factual information. What did the police officer knew and when did he
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 78

Criminal Procedure I-OV - Prof McCloskey Criminal Procedure...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online